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NC: 2024:KHC:12823
WP No. 9255 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 9255 OF 2024 (MV)
BETWEEN:
1. SHRI. A. SREEKANTH REDDY,
S/O A BHARKAR REDDY,
AGED ABOUT 33 YEARS,
TH
R/AT V. P. ROAD, 4 CROSS,
BTM LAYOUT, OLD MADIVALA,
BANGALORE-560068.
2. SHRI. GANGADHAR H.N.,
S/O NANJUNDAPPA,
AGED ABOUT 39 YEARS,
R/AT BELURU TALUK,
HALEBEEDU HOBLI, HASSAN,
KARNATAKA-573121.
3. BIKE TAXI WELFARE ASSOCIATION,
REGISTERED UNDER THE SOCIETIES
REGISTRATION ACT,
OFFICE AT No.45,
ND TH
2 FLOOR, 5 CROSS,
Digitally signed by B
K
TH
5 MAIN ROAD, CHANDRA LAYOUT,
MAHENDRAKUMAR
Location: High
D.C.HALLI, BENGALURU-560076.
Court of Karnataka
REPRESENTED BY ITS PRESIDENT
AND AUTHORIZED SIGNATORY,
MR. ADI NARAYANA M.
…PETITIONERS
(BY SRI K.N. PHANEENDRA, SENIOR COUNSEL FOR
SRI GIRISH KUMAR B. M., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
HOME DEPARTMENT,
VIDHANA SOUDHA,
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WP No. 9255 of 2024
BENGALURU-560001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. DEPARTMENT OF INFORMATION AND
SOCIAL RELATIONS,
VIDHANA SOUDHA,
BENGALURU-560001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
3. DEPARTMENT OF TRANSPORT
VIDHANA SOUDHA,
BENGALURU-560001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
4. META PLATFORMS INC.,
(FORMERLY KNOWN AS FACEBOOKINC)
MICROSOFT SIGNATURE BUILDING,
OFF INTERMEDIATE RING ROAD,
EMBASSY GOLF LINKS BUSINESS PARK,
DOMLUR, BENGALURU-560071.
REPRESENTED BY ITS
MANAGEING DIRECTOR
HEAD QUARTERS AT: 1601;
WILLOW ROAD MENLO PARK,
CALIFORNIA- 94025.
UNITED STATES OF AMERICA
REPRESETED BY ITS
MANAGING DIRECTOR.
5. FACEBOOK INDIA ONLINE SERVICES
PRIVATE LIMITED,
UNIT Nos.1203 AND 1204, LEVEL 12,
BUILDING No.20, RAHEJA MINDSPACE,
CYBERABAD, MADHAPUR, HITECH CITY,
HYDERABAD-500081.
REPRESENTED BY ITS
MANAGING DIRECTOR,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT.
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WP No. 9255 of 2024
6. PEACE AUTO
UNION OF AUTO DRIVERS,
REPRESENTED BY ITS PRESIDENT,
MR. RAGHU NARAYANA,
AT 167/168, TAVAREKERE MAIN ROAD,
NEAR-MADIVALA POLICE STATION,
MADIWALA, BENGALURU-560029.
7. KARNATAKA RAJYA CHALAKARA
PARISHATH MEMBERS TEAM,
REPRESENTED BY ITS PRESIDENT,
MR. SOMA SHEKAR,
RD
AT 3 BLOCK,
JENAKAL SIDDESWARA NAGAR,
NANDINI LAYOUT,
BENGALURU-560096.
8. BANGALORE AUTOSENSE
REPRESENTED BY ITS PRESIDENT,
MR. CHETHAN,
AT VELANKANI TECH PARK PRVSM,
ELECTRONICS, VELANKANI DRIVE,
ELECTRONICS CITY PHASE 1,
ELECTRONIC CITY,
BENGALURU-560100.
9. SNEHAJEEVI CHALAKARA TRADE UNION
REPRESENTED BY ITS PRESIDENT,
MR. SANTHOSH KUMAR,
AT PAI LAYOUT, AREKERE,
BENGALURU-560076.
ADARSHA AUTO AND TAXI DRIVERS UNION
10. REPRESENTED BY ITS PRESIDENT,
MR. MANJUNATH ,
AT NO.3, ROBERTSON ROAD,
NEAR ASHOKA ENCLAVE,
PULIKESHI NAGAR,
BENGALURU-560005.
11. KARNATAKA CHALAKARA OKKUTA,
REPRESENTED BY ITS PRESIDENT,
MR. NARAYANA SWAMY,
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WP No. 9255 of 2024
ST
AT PEENYA 1 STAGE,
PEENYA, BENGALURU-560058.
12. BHARAT TRANSPORT ASSOCIATION GROUP
REPRESENTED BY ITS PRESIDENT,
MR. HARISH GOWDA,
AT CHANNASANDRA, SRINIVASPURA,
BENGALURU-560098.
13. KARUNADA VIJAYA SARATHI SENE
REPRESENTED BY ITS PRESIDENT,
RD
MR. MANJUNATH, AT 18/2, 3 FLOOR,
GANDHINAGAR, BEHIND S.J.M. TOWER,
KARNATAKA VEERASHIVA
VIDYABHIRUDHI SAMSTE,
BENGALURU-560009.
14. AUTO SHOKDARS,
REPRESENTED BY ITS PRESIDENT,
AT No.52/2, VYSHYABANK LAYOUT,
BANNERUGHATTA ROAD,
HULIMAVU, BANGALORE-560076.
15. NAMMA CHALAKARA TRADE UNION
REPRESENTED BY ITS PRESIDENT,
TH
AT 10 MAIN ROAD,
TH
4 BLOCK, JAI BHUVANESHWARINAGAR,
NANDINI LAYOUT,
BENGALURU-560096.
16. ROPPEN TRANSPORATION SERVICES
PRIVATE LIMITED,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 2013,
HAVING ITS REGISTERED OFFICE
RD
AT 3 FLOOR, SAI PRITHVI ARCADE
MEGHA HILLS, SRI RAMA COLONY,
MADHAPUR HYDERABAD,
TELANGANA-500081.
TH
BRANCH AT No.148, 5 MAIN ROAD,
RAJIV GANDHI NAGAR, SECTOR-7,
HSR LAYOUT, BENGALURU-560102
REPRESENTED BY ITS DIRECTOR.
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WP No. 9255 of 2024
17. ANI TECHNOLOGIES PRIVATE LIMITED.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT,
REGENT INSIGNIA No.414,
RD TH
3 FLOOR, 4 BLOCK,
TH
17 MAIN, 1000 FEET ROAD,
KORAMANGALA, BENGALURU-560034.
18. UBER INDIA SYSTEMS PRIVATE LIMITED,
A COMPANY INCORPORATED UNDER THE PROVISIONS
OF THE COMPANIES ACT,
REGISTERED OFFICE REGUS
BUSINESS PLATINUM CENTRE PVT LTD.,
LEVER 13, PLATINUM TECHNO PARK,
PLOT NO.17/18, SEC 30A,
VASHI NAVI, MUMBAI-400705.
ALSO AT 77, SURVEY No.124/2,
N.A.L, WIND TUNNEL ROAD,
MURGESH PALLYA, HAL POST,
BENGALURU-560017.
REPRESENTED BY ITS DIRECTOR.
…RESPONDENTS
(BY SRI K. SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W
SRI B. RAVINDRANATH, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT
RESTRAINING THE R6 TO 15 HEREIN FROM CAUSING
OBSTRUCTION, STOPPAGE, HARASSING AND / OR PHYSICALLY
ABUSING AND CAUSING VIOLENCE TO THE PETITIONER NO. 1
AND 2 AND ALL OTHER MEMBERS OF PETITIONER NO. 3
ASSOCIATION WHO ARE OPERATING BIKE TAXIS THORUGH
VARIOUS AGGREGATORS LIKE R16 TO 18 HEREIN IN TERMS OF
THE INTERIM ORDER GRANTED BY THIS HON'BLE COURT IN WP
Nos.14627/2021, 19869/2021 AND 6421/2022 VIDE ANNEXURE-E,
ANNEXURE-F AND ANNEXURE-G. ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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WP No. 9255 of 2024
ORDER
Heard Sri.K.N.Phanindra, learned Senior Counsel
representing the petitioners' counsel, Sri.Shashi Kiran Shetty,
learned Advocate General representing the State.
2. Petitioners No.1 and 2 are operating bike taxi's, and
petitioner No.3 is the Bike Taxi Welfare Association registered
under the Karnataka Societies Registration Act. The petitioners
submits that the bike taxi aggregators had approached this Court in
Writ Petition No.14627/2021 and connected petitions, and this
Court directed the respondents herein not to take any coercive
steps against the petitioners therein, till the next date of hearing.
3. Despite the order passed by this Court directing the
State Government not to take any coercive steps, the police
concerned are not taking action against respondents No.6 to 15,
who are unlawfully obstructing and assaulting the bike taxi riders
from operating their services. The State is under obligation to take
an appropriate action against any individual.
4. Organization, who are indulging in unlawful activities,
and they are also duty bound to act on the complaint, if lodged by
the petitioners herein.
5. Hence, I pass the following:
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WP No. 9255 of 2024
ORDER
i) The Writ Petition stands disposed of, directing the
respondent No.1 to take appropriate action against any
person in the event they unlawfully obstruct the petitioners
from operating the services of bike taxi.
ii) This order is subject to the outcome of Writ Petition
Nos.6421/2022, 19869/2021, 14627/2021 and 24569/2023.
Sd/-
JUDGE
AP
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